S.Iyappan v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.07.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.OP.No.10845 of 2020

1. S. Iyappan

2. V.Sakkarai ... Petitioners Vs.

State represented by The Inspector of Police, Pachal Police Station, Tiruvannamalai District, Crime No. 1599 of 2020 ... Respondent Prayer: Criminal Original Petition filed under Section 438 Cr.P.C., praying to enlarge the petitioners on bail in the event of their arrest in Crime No.1599 of 2020 on the file of the respondent police. For Petitioners : M/s. M.Krishnamoorthy, R.Hari S.Sagayanathan For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

(This case has been heard through video conference) The petitioners who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 379 & 430 IPC r/w 21 (1) of Mines and Minerals (Development & Regulations Act, 1957) Section 3 (2) of Tamil Nadu Public Property Prevention of Damage & Loss Act, 1992, in Crime No.1599 of 2020, seek anticipatory bail.

2. The case of the prosecution is that the petitioners had illegally transported one unit of sand in a Tractor, without any permit or valid licence and it was seized by the respondent police.

3. The learned counsel for the petitioners would submit that the petitioners are innocent and they did not commit any offence as alleged by the prosecution and he has been falsely implicated in this case. On instruction, he would further submit that without prejudice to his defence, the petitioners are prepared to deposit considerable amount to any charitable organization. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor submitted that the quantity of sand involved in this case is one unit. Hence he vehemently opposed to grant anticipatory bail to the petitioners.

5. In order to curb the illegal sand mining activities, this Court is of the opinion that the petitioners are directed to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) as non refundable deposit to the ''Bar Council of Tamil Nadu and Puducherry (BCTNP) Advocates Relief Fund, Account No: 6873278505, Indian Bank, Madras High Court Branch with IFSC Code - IDIB000M157'' without prejudice to his rights and contentions before the trial Court. 6.Merely, because the petitioners have deposited the said amount, it would not amount to admission of his guilt. Therefore, it is open to the trial Court to deal with the case independently. 7.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

(a) The petitioners are directed to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) as non-refundable deposit through RTGS/NEFT in favour of the ''Bar Council of Tamil Nadu and Puducherry (BCTNP) Advocates Relief Fund, Account No: 6873278505, Indian Bank, Madras High Court Branch with IFSC Code - IDIB000M157'' within fifteen

(15) days from the date of receipt of a copy of this order. Thereafter, the petitioners are directed to be released on bail in the event of their arrest or their appearance and on production of proof of deposit of the above amount and on further condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties each for the likesum to the satisfaction of the police officer who intends to arrest, failing which the petition for anticipatory bail shall stand dismissed automatically and on further condition that the petitioners shall also give an letter of undertaking before the respondent/police that the said amount has been paid in respect of particular crime number. [b] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the respondent/police may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[c] the petitioners shall report before the respondent police on every Monday and Friday at 10.30am, until further orders. [d] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioners shall not abscond either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been

imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

8. With the above directions, this Criminal Original Petition is ordered.

9. For reporting compliance, post on 13.08.2020. -sd/- 22/07/2020 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, CHENGAM,TIRUVANNAMALAI DISTRICT 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, PACHAL POLICE STATION, TIRUVANNAMALAI DISTRICT.

4 THE BAR COUNCIL OF TAMILNADU AND PUDUCHERRY[BCTNP] ADVOCATES RELIEF FUND Account No: 6873278505, Indian Bank, Madras High Court Branch with IFSC Code - IDIB000M157 CC to M/S. M.KRISHNAMOORTHY Advocate on payment of necessary charges CRL OP.10845/2020 Date :22/07/2020 RD 24/08/2020